Federal Law stipulates that employers only hire individuals who can legally work in the United States, either U.S. citizens or foreign citizens who have the required authorization. To act in accordance with the law, all employers must complete and preserve Form I-9 (Employment Eligibility Verification) to document verification of the identity and employment authorization of all new employees, citizens and noncitizens, to work in the United States.

Employees and employers (or authorized representatives of the employer) must complete the form. The employee must complete Section 1, which they must confirm to their employment authorization. The employee must also present their employer with suitable documents providing identity and employment authorization. The employer must examine the employment eligibility and identity document(s) the employee presents to determine if the document(s) appear to be authentic and relate to the employee and record the document information in Section 2.

Under the Immigration Reform and Control Act (IRCA), you must verify through examination of certain documents that employees are authorized to work in the U.S. At the same time, you must avoid unfair employment practices.

By law, you must complete an I-9 Employment Eligibility Verification form for each new hire and keep the forms on file. Former employees’ forms must be kept for three years from the hiring date or one year after termination, whichever is later.